Examination of Case Law (2007–2008) Regarding Autism Spectrum Disorder and Violations of the Individuals with Disabilities Education Act

Abstract

Using the LexisNexis database, the authors examined 99 court cases on students—who were 3–21 years of age and with various forms of autism spectrum disorder—between 2007 and 2008. The authors coded and analyzed procedural and substantive violations to the Individuals With Disabilities Education Act and the provision of a Free and Appropriate Public Education using chi-square analyses. They compared results with earlier studies conducted from 2002 to 2004, which yielded relatively evenly split decisions between parents and school districts. Results indicate that school districts currently prevail at a 2:1 ratio over parents and that more outcomes result in split decisions (ties) with regard to overall outcome between the two parties than were reported in previous studies.

Keywords:

• autism
• Free and Appropriate Public Education
• Individuals With Disabilities Education Act
• litigation
• prevailing party